Work Authorization for TPS Venezuela 2023 Has Ended

The U.S. Citizenship and Immigration Services (USCIS) updated its website to remove work authorization for most TPS Venezuela workers with the 2023 Designation retroactive to April 3, 2025.  Accordingly, all employers with TPS Venezuela workers with the 2023 Designation should terminate their employment promptly.

On May 19, 2025, the U.S. Supreme Court granted the government’s request for an emergency stay of Judge Edward Chen’s order in National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal., March 31, 2025).  Based on the Supreme Court’s May 19 order, the March 31, 2025, district court order in case No. 3:25-cv-1766 is stayed pending the disposition of the government’s appeal in the United States Court of Appeals for the Ninth Circuit.  Thus, TPS for Venezuelans with April 3, 2025, documentation has terminated pursuant to Secretary of Homeland Security Kristi Noem’s February 5, 2025, decision to terminate TPS under the 2023 designation for Venezuela.  

On May 30, 2025, the district court in case No. 3:25-cv-1766 ordered that - pending resolution of the litigation - TPS beneficiaries who received TPS-related employment authorization documents, Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025, will maintain that status, and their documentation will remain valid during the course of the litigation.  All TPS-related documentation with a validity date of October 2, 2026, received after February 5, 2025, is no longer valid and those individuals under the 2023 designation no longer have TPS. 

Separately, TPS status under the 2021 designation for Venezuela remains in effect through September 10, 2025, not April 2, 2026, as previously posted on the USCIS website.

Questions?  Need more information?  Call Jim Hughes at (404) 365-0900.

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